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INSTRUCTION BOOKLET GENERAL INFORMATION, INSTRUCTIONS, AND DEFINITIONS FOR COMMISSION FOREIGN PRODUCER/EXPORTER QUESTIONNAIRES Glyphosate from China Investigation No. 731-TA-1178 (Preliminary) Further
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In April 2004, the European Community notified the US Department of Agriculture, the Food & Drug Administration, the International Trade Administration, and other US Government Agencies that glyphosate, the active herbicide ingredient in Monsanto's Roundup, was detected in dust samples taken at a facility owned by DuPont in India for glyphosate application. In June 2004, the Commission received a complaint about the glyphosate concentration detected in dust samples from a small-scale farmer in Germany, a country in the European Union, who was using the same herbicide as an application field test (ATP). The Commission's preliminary assessment in May 2005 identified the glyphosate in the German farmer's dust sample as 2 ppm, a concentration that was found to be significantly higher than the maximum residue level as recommended in the “Guide for the Registration of Pesticides in the European Economic Area (GEA”) — Regulation EC No 1053/2004,” adopted on 15th May 2004, and set by the European Union (EU). The German government later notified the EU Commission that the German farmer had received a penalty of only 3,500 euros per month for his unauthorized use of glyphosate as a glyphosate spray. Because European Union law provides a legal basis for EU member states to impose monetary penalties for unauthorized pesticide use, the German farmer was unable to recover the money for the penalty under German law. In response to a public outcry and to make clear that such punitive action would be available to any member state (as well as to other nations that allow the use of glyphosate for any reason), the United States notified the EU in July 2004 that it intended to enact a new “guidance” regulation specifying restrictions on glyphosate. In August 2005, the Commission sent the proposed EU guidance regulation to the US for its review and comment. In October 2005, the US asked for a response by 30 December 2005. Subsequently, a meeting of EU and US regulatory advisers was scheduled for 9 January 2006 to discuss the regulation in the context of EU and US policy to re-evaluate glyphosate. The EU and US submitted a consolidated version of the proposed regulation for comment on 19 February 2006. The US Department of Agriculture's (USDA) Office of Pesticides Programs (OPP) prepared a document outlining the proposed regulation. The US Department of Agriculture also sent information regarding the pesticide application process, glyphosate registration, and agricultural pesticides to the European Commission. Comment period.

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